Brian Molefe loses ConCourt appeal bid over pension

The apex court has dismissed his application for leave to appeal an order that he pay back R10.3 million paid to him as part of a retirement settlement by the cash-strapped utility.

FILE: Former Eskom CEO Brian Molefe. Picture: EWN

JOHANNESBURG - Former Eskom boss Brian Molefe has been dealt another blow in the Constitutional Court.

The apex court has dismissed his application for leave to appeal an order that he pay back R10.3 million paid to him as part of a retirement settlement by the cash-strapped utility.

This was Molefe's final stop in the protracted legal battle that sought to reverse a High Court decision which found his R30 million early retirement settlement was unlawful.

In a unanimous Constitutional Court judgment handed down on Tuesday, the bench said that Molefe's application for leave to appeal was not only outside its jurisdiction but also bore no reasonable prospects of success.

Molefe was hoping to be granted a chance to challenge the Pretoria High Court decision that described his retirement package as a deliberate scheme concocted by him and Eskom shortly after he was permanently employed in 2015.

He was ordered to pay back R10.3 million within ten days but he lodged appeals, including in the Supreme Court.

The settlement was paid out when he resigned in 2016, claiming that he was acting in the interest of good governance.

This was shortly after the Public Protector had issued a scathing report which found he abused his position at Eskom to benefit the Gupta family in an improper and possibly corrupt manner.